- USD 0.99
The question presented by this appeal is whether defendants stipulation of gross negligence is grounds to exclude evidence of gross negligence. Donato Castro, plaintiff, appeals from a jury verdict that awarded him only actual damages and no punitive damages. Plaintiff contends the trial court improperly excluded evidence of defendants gross negligence. Appellee has filed motions for rehearing, to withdraw motion for rehearing, to withdraw our opinion, and to expedite remand. We overrule all motions, except the motion to expedite issuance of remand, which we grant pursuant to TEX. R. APP. P. 86(b). However, we withdraw our earlier opinion, issued on January 31, 1991, and substitute this opinion in lieu thereof. We agree with plaintiffs contention and reverse and remand for a new trial.